2 New letters received from DCA acting as agents on behalf of client- Please Advise

by Emilybm Mon Jan 07, 2019 11:01 am

Hey

I am happy to find this forum after the original Get Out Of Debt Free website has been altered...

Please can you advise on the best process, here is my situation;

I have received 2 letters from Wescot relating to 2 different credit card debts, one from Tesco and the other Sainsburies.

They say that they are acting on behalf of their client, so does this mean that the debt is still owned by the original banks, and if so can I still dispute this with the letter process?

What I am also confused about is that I currently live in a motorhome and so I don't have a residential address. I have been using my mum's address for post and I have had to recently renew my driving license to that address, which is probably how they have found me...

Should I get back to the DCA with the letter process and hopefully sort this out for good...
Or should I send a letter saying how that is not my address and do not send any further correspondences to that address?

Please help and thank you so much!

by **daveiron** Mon Jan 07, 2019 2:28 pm

Hi and welcome.

I would start the letters for DCA's (not purchasers) https://goodf.forumotion.com/f37-new-letters-process
Make sure they treat this as 2 separate alleged debts. I would also send a Subject Access Request to both
banks (its now free).

However before that ,when did you last make a payment on these & do you know the date of the default
notice?

by Emilybm Mon Jan 07, 2019 4:09 pm

Thank you for your advice!

Sorry if I ask a common question but what is a Subject Access Request?

I think I last made payment to the banks about May 2017... I am not sure what the default notice is?

Thank you!

by **daveiron** Mon Jan 07, 2019 6:31 pm

Ok ,so its nowhere near statute barred, thats why I asked about the last payment etc.

A subject access request is sent to the bank(s) & they must supply all the data they hold on your account.
Its now free of charge.

I just word it like this .
This is a Subject Data Access Request ,Please supply any and all data you hold in relation to account no xxx
this is inclusive of whatever format in which it is held.

I would at this time put your address as c/o your mothers address. Send one to each bank by recorded mail,
(always throughout the process). Send the requests to the banks head offices's ,do not send to a P.O. Box
When they have complied we can see what they hold.

by Emilybm Mon Jan 07, 2019 8:22 pm

Hi, thank you for the info!

Can you please explain why requesting a Subject Data Access Request is important when I have the letters?

Thank you, I am just trying to understand the process...

by **daveiron** Mon Jan 07, 2019 9:10 pm

Yes they will pick & choose what they will answer with the 3 letters ,usually very little.
with the SAR they are obliged to send all they have regarding docs. For example they may not
have a copy of the default notice .
Its still early days yet ,so wait for the results of the SAR & then start the letters.

by Emilybm Tue Jan 08, 2019 8:10 am

Good morning daveiron

Thank you again for your advice.

I have just read through the ebook this morning(brilliant!)... It describes two paths
- the standard letters approach
-the common law copyright procedure for debts 5-10K+

For my two debts, one is 1400 and the other just over 9K... From your experience and that of the community, would you recommend that I use the Common Law Copyright Procedure?

If so, it talks about the declarations page on the forum, and the ability to download the stamps from the forum, is this still available?

Thank you again- much appreciated Smile

by **daveiron** Tue Jan 08, 2019 9:28 am

Good morning,

Personally I would go with the 3 letter route. I have not had experience with the Common Law method,
& I have not seen it discussed for a while. What I would recommend is this video, it may be old now but it
explains the system far better than I can. In the mean time read up as much as you can to get a good
understanding ,things then become clear. If there is anything you do not understand at any time,just
ask there will always be folk here to help.

https://youtu.be/22K-EUnF9bM

by Emilybm Tue Jan 08, 2019 12:59 pm

Brill!

Thank you very much daveiron... I have some homework to do Wink

by Emilybm Thu Feb 07, 2019 12:30 pm

Hi daveiron

I just have a quick question...

So far I have sent the 3 letter process ( just sent the final letter), and not received anything back.

Should I send an estoppel notice? If so, do you have a link to a template please, and is it 30 days after the final letter that you send the estoppel?

Thank you so much for your guidance!

Emily

by **daveiron** Thu Feb 07, 2019 1:01 pm

Hi Emily,

Personally I no longer bother with an estopple as they ignore them anyway,so up to you.

As its still with debt collectors ,they will most likely now pass them back to the OC's. As its clear to
them they are wasting their time and money chasing you.
It will probabaly get past to another collector to have a go. If so just repeat .
Have you sent the SAR's yet ?

by Emilybm Thu Feb 21, 2019 11:40 am

Hi daveiron

Sorry for the delay in getting back to you.

I have sent off letter 3 to the 2 debt collectors (both wescot). I have received a rather confusing letter back from them...

" I can confirm that due to Data Protection Regulations, before we provide any further information on this account, we need to ensure that we have contacted the correct person.

As we have been provided with your address as a possible forwarding address for the person we are attempting to contact, we need you to confirm your previous address and date of birth. We can then provide you with further information that we hold on your account.

A hold has been placed on your account until 2 March 2019 to await your response. After this date, the account will revert to normal collection activity."

I wondered whether anyone has experienced this before?

I find it quite amusing that they send scary red letters, and then when I send them the letter process, suddenly I need to prove I am myself.

I suppose I am confusing for them because I am no longer at the address that the debt is in, and they are using my mother's address, (I am living in a camper)... And 1 of the debts is in my old maiden name as I am now married...

That being said, I don't want to provide any information to them, because I feel that I am under no obligation to do so.

I was thinking of writing back to them with words to that effect, and saying that as they cannot substantiate their claim that I owe a debt, and as they have failed to provide the documentation I require in order to settle any lawful Obligation, that it is evident that they have no basis for their claim.

I wondered what your thoughts are on this please? Based on your experience and that of the forum, would you recommend that I reply to them with the above sentiment?

In regards to the SAR, I haven't actually requested this yet, because I don't really know what to send or who to? Also, I feel like it would draw attention to my situation, or is this just my apprehension?

I look forward to your reply, thank you again for your assistance.

Emily

by **daveiron** Thu Feb 21, 2019 12:54 pm

Just a quick question, The letters they sent to your C/O address ,did they contain any of your personal details
including alleged debt etc. If so I think they may be on dodgy ground.
See what others think ,but by their own admission they have provided personal details without verifying
if you are indeed the correct person,I am sure the FCA would take a serious view of that.

by Emilybm Thu Feb 21, 2019 1:01 pm

Hi daveiron

Thanks for your message....

That's exactly what I thought!

Both individual letters for the 2 separate accounts (Sainburys and Tesco), included the balance of the debt, which I would classify as personal details, as you said its alleged debt...

It seems that they have dug themselves a hole. Even though I am the correct person, do you think they could get into trouble for that? I am not sure what direction to go in with this...

by Mrblue2015 Thu Feb 21, 2019 2:11 pm

Unless I’m mistaken; from the moment you get a letter from a DCA they are on dodgy ground in terms of breaking the law as they do not have a lawful bases for processing your data.

A lawful bases would be:

Public Task
Vital interests
Legal obligation
Contract
Consent
Legitimate interest.

So as you can see, it’s clear that none of the above apply except, maybe, the last one. But that’s really stretching it (and they’ll know it). Is it a legitimate bases to process your personal data in order to chase an alleged debt on behalf of another company???

Hmmmm....

by Emilybm Thu Feb 21, 2019 7:47 pm

Thank you for your message and input...

I have been doing some research and from what I can find out, in regards to a breach of personal data, I think that the FCA (financial ombudsman service) would refer this to the ICO...

I am thinking of pointing all of this out to the DCA in a complaints letter and seeing what they say...

by **assassin** Fri Feb 22, 2019 1:36 am

I would always send the estoppel for one good reason, you have followed the correct process and have the proof, if it ever gets to court then they are acting upon an estopped account which they cannot act upon, and this alone can often be enough to get judgement in your favour.

by Mrblue2015 Fri Feb 22, 2019 6:01 am

Good morning Assassin.

Is the estoppel for use with original creditors, debt purchasers or debt collection agents (or all of them?)

And is the one in the following link sufficient?

https://goodf.forumotion.com/t41-the-3-letters-process#157

Thank you.

by **assassin** Sat Feb 23, 2019 2:11 am

Yes it is fine and it can be used with all of the above, if you send them the three letters and they fail to respond with the information you requested then they are in breach and you send the estoppel. Once they are sent the estoppel it stops them chasing the account by their own failures, or by acting in dishonour.

Daveiron made a good point, they ignore the estoppel and continue to pursue an astopped account; but when it progresses to a higher level such as the county OR high court it becomes very powerful as they operate under common law and not statute law and under common law you have remained in honour, and they have not. If either of these courts acts against you for following the correct processes and ignores the fact that the recipient of the three letters has not you can often get a default judgement against the judge for also acting in dishonour and this is powerful.

by Mrblue2015 Sat Feb 23, 2019 6:14 am

Very interesting assassin, thank you! And yes, I get where Daveiron is coming from too as I have issued estoppels in the past and they have still continued to write letters. Oh how they love to push their luck...

Thank you and have a good weekend :-)

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